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People v. Norem

Court of Appeals of California, Third District, Shasta.
Nov 7, 2003
C043695 (Cal. Ct. App. Nov. 7, 2003)

Opinion

C043695.

11-7-2003

THE PEOPLE, Plaintiff and Respondent, v. TRACEY FAYE NOREM, Defendant and Appellant.


Defendant Tracey Faye Norem entered a negotiated plea of guilty to maintaining a place for selling or using controlled substances and misdemeanor child abuse. Defendant was placed on probation. After her fourth violation, the court revoked probation and sentenced defendant to three years in state prison. Defendant was ordered to pay a $400 restitution fine, a $400 restitution fine suspended unless parole is revoked, and to register as a narcotics offender. She was also ordered to pay a $135 criminal laboratory analysis fee — an amount that included state and county penalty assessments.

Defendant appeals. She did not obtain a certificate of probable cause.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

We note an error that must be corrected. The $50 criminal laboratory analysis fee, and accompanying penalty assessments, are not authorized by Health and Safety Code section 11372.5, because defendants crime, a violation of section 11366, is not among the drug offenses which that statute lists as subject to that fee.

Health and Safety Code section 11372.5, subdivision (a), provides in relevant part: "Every person who is convicted of a violation of Section 11350, 11351, 11351.5, 11352, 11355, 11358, 11359, 11361, 11363, 11364, 11368, 11375, 11377, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, 11382, 11383, 11390, 11391, or 11550 or subdivision (a) or (c) of Section 11357, or subdivision (a) of Section 11360 of this code, or Section 4230 of the Business and Professions Code shall pay a criminal laboratory analysis fee in the amount of fifty dollars ($50) for each separate offense." The fee is subject to the penalty assessments authorized in Penal Code section 1464, i.e., $10 for every $10 of every fine, penalty or forfeiture, and Government Code section 76000, i.e., $7 for every $10 of every fine, penalty or forfeiture.

Where, as here, the "`statutory language is clear and unambiguous, there is no need for construction and courts should not indulge in it." (People v. Benson (1998) 18 Cal.4th 24, 30, quoting People v. Overstreet (1986) 42 Cal.3d 891, 895; see People v. Jillie (1992) 8 Cal.App.4th 960, 963.) In this case, the statutory language is clear and unambiguous: It lists the specific statutes, a conviction under which subjects the defendant to the fee. A violation of Health and Safety Code section 11366 is not among them. Accordingly, the criminal laboratory analysis fee and accompanying penalty assessments must be stricken.

Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is modified to strike the criminal laboratory analysis fee, along with the accompanying state and county penalty assessments. As modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment reflecting the modification and to forward a certified copy to the Department of Corrections.

We concur: BLEASE, Acting P.J. and RAYE, J.


Summaries of

People v. Norem

Court of Appeals of California, Third District, Shasta.
Nov 7, 2003
C043695 (Cal. Ct. App. Nov. 7, 2003)
Case details for

People v. Norem

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. TRACEY FAYE NOREM, Defendant and…

Court:Court of Appeals of California, Third District, Shasta.

Date published: Nov 7, 2003

Citations

C043695 (Cal. Ct. App. Nov. 7, 2003)